Ceci est la partie 6 sur 7 de « The Book of Inheritance », livre 29 de Al-Kafi — Hadith 13 243–13 292. Le livre est suffisamment long pour être divisé en 7 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
5. This is in another Hadith from abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a person who has the reproductive organs of both male and female and urinates from both of them at the same time: ‘He (the Imam) said that it is according to that from which urine comes first and if it is equal in this respect he (the Imam) said that it then is according to that which stops last and if this also is equal than it is according to that which sends farther/”
1. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan and abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al- Jabbar all from Safwan ibn Yahya from ‘Abd Allah ibn Muskan from Ishaq al-Fazariy who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked, when I was with him, about the case of a newborn who is not a male or female but there is only the anus and how to deal with the inheritance of such person. He (the Imam) said, ‘The Imam and people come in a gathering, pray to Allah then arrange a raffle to see the name of which sex comes and deal with the case according to the result of the raffle. No other means is as fair as raffle; Allah, most Majestic, most Glorious, has said, ‘They cast raffle and he lost in the raffle.’” (37:141)
2. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad, all from ibn Mahbub from Ali ibn Ri’ab from Fudayl ibn Yasar who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a newborn who does not have the male or female organ. He (the Imam) said, ‘The Imam or one who casts raffle settles it by means of casting a raffle. On one token, he writes ‘male servant of Allah’, on the other he writes ‘female servant of Allah’. Then the Imam or the one who is casting the raffle says, ‘O Lord, You are Allah, no one deserves worship except You. You have the knowledge of the apparent and the unseen. You decide among Your servants in matters where they have differences, so please guide us in the matter of this newborn about inheritance and about Your ordained shares for this newborn in the book.’ The two tokens then are mixed with other similar tokens, then one is picked up randomly until one of the two tokens comes out and accordingly the matter of inheritance is decided.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal and al-Hajjal from Thadabah ibn Maymun from certain persons of our people who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a newborn who is not a male or female except that the child has an anus and about the inheritance of such child. He (the Imam) said, ‘The Imam with Muslim people sits in a gathering and prays to Allah, most Majestic, most Glorious, then mixes the arrows (tokens) to find out thereby if the child must receive from the legacy as a male or a female person. Whichever ’s token or arrow comes out it then is taken as means of settlement. He (the Imam) then said, ‘No other means is as fair as raffle; Allah, most Majestic, most Glorious, has said, ‘They cast raffle and he was of those who failed in the raffle.’ (37:141)” He (the Imam) said, ‘For every matter about which two people dispute, there is a principle for it in the book of Allah but the power of reason of people cannot reach it.’”
1. Ali ibn Muhammad has narrated from Muhammad ibn Sa‘id al-Azarbayijaniy and Muhammad ibn Yahya from ‘Abd Allah ibn Ja‘far from al-Hassan ibn Ali ibn Kaysan all from Musa ibn Muhammad son of brother of abu al-Hassan, al-Thalith, ‘Alayhi al-Salam, who has narrated the following: “Yahya ibn Aktham asked him (the Imam) questions; among the questions that he asked one was about hermaphrodite and the words of ’ Amir al-Mu’minin that a hermaphrodite inherits according to the manner of urinating and that who must look at the child (the person) when urinating and that the testimony of one who is unfair to himself is not accepted. That perhaps such person is a female and a man looks at her or that the person is a female and a man has looked at her, which is not lawful. Abu al-Hassan, al-Thalith, ‘Alayhi al-Salam, answered him saying, ‘The words of ’ Amir al-Mu’minin that a hermaphrodite inherits according to the manner of urinating, are as they are. People of justice must look at hermaphrodite, each one takes a mirror, and the hermaphrodite stands behind them. They see a form and judge accordingly.”’
1. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from Ali ibn Ahmad ibn ’Ashyam from al- Qasim ibn Muhammad ibn Muhammad al-Jawhariy from Hariz ibn ‘Abd Allah who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that in the time of ’ Amir al-Mu’minin a child was bom with two heads and two chests on one groin. ’ Amir al-Mu’minin was asked about it; if the child receives inheritance for one or for two. He (the Imam) said, ‘The child must be allowed to sleep then called to wake up. If both wake up at the same time the share of inheritance is one share but if one wakes up and the other remains sleeping it then is two shares of inheritance.’” A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from his father from al-Qasim ibn Muhammad ibn Muhammad al-Jawhariy from Hariz ibn ‘Abd Allah a similar Hadith.
2. It is narrated from the narrator of the previous Hadith from Ahmad ibn Muhammad from ibn abu Nasr from abu Jamilah who has narrated the following: “In Fars I saw a woman who had two heads and two chests on one groin. She was married and one expressed jealousy toward the other. Other people have narrated to us that he saw a man as such.”
1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Sayf ibn ’Amirah from Mansur who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin has said, ‘If a child whose parents have condemned each other dies, leaving behind brothers, his legacy is distributed among them according to the shares that Allah has ordained.’”
2. Abu Ali a l-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Musa ibn Bakr from Zurarah who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said the legacy of a child from parents who condemn each other belongs to his mother if she is living and if she is not living then it belongs to the people nearest to her, like maternal uncle.’” Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Musa ibn Bakr from Ja‘far, ‘Alayhi al-Salam, a similar Hadith,’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has narrated the following: “This is about the case of a man who decides to proceed with condemnation. He then calls himself as lying before the process of condemnation. Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘His woman is returned to him, he is made to suffer the applicable penalty; but if he refuses and proceeds with condemnation process she will never become lawful for him. If a man accuses his woman, he must suffer the penalty. If his son dies, his maternal uncle inherits him. If his father claims him, he is joined with him. If he dies his son inherits him but his father cannot inherit him (the son).”’
4. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from certain persons of his people from Aban ibn ‘Uthman from ‘Abd al- Rahman ibn abu ‘Abd Allah who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a child of Mula‘anah and about who inherits such a child. He (the Imam) said, ‘The mother inherits the legacy of such child.’ I then asked, ‘Who inherits such child if the mother dies?’ He (the Imam) said, ‘The maternal uncle inherits the legacy of such child.’”
5. A number of our people have narrated from Sahl ibn Ziyad from ‘Abd al-Rahman ibn abu Najran from Muthanna’ al-Hannat from Muhammad ibn Muslim who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who forms Mula ‘anah against his wife and rejects her child; then calls himself lying after forming Mula ‘anah and thinks that her child is his child if she is returned to him. He (the Imam) said, ‘No, and it is not honorable. She is not returned to him and it is not lawful for him until the Day of Judgment.’ I then asked about who inherits the child. He (the Imam) said, ‘The mother inherits the child.’ I then said, ‘Suppose if the mother dies and the child inherits her then the child dies. Who inherits him?’ He (the Imam) said, ‘His maternal uncles inherit him.’ I then asked, ‘If the father confirms him as his child will he then inherit him?’ He (the Imam) said, ‘Yes, he will inherit him but the father cannot inherit from the legacy of the child.’”
6. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr from Sayf ibn ’Am/rah from Mansur who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin would say if the child of Mula‘anah dies and has brothers the legacy is distributed among them according to the shares ordained by Allah, most Majestic, most Glorious.’”
7. A number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub from Ali ibn Ri’ab from al-Halabiy who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who forms Mula ‘anah against his wife when she is pregnant. When the child is born, he claims her child with confession and thinks that the child is his child. He (the Imam) said, ‘The child is returned to him but cannot inherit his legacy and he is not whipped because Mula ‘anah has already taken place.’”
8. Humayd ibn Ziyad has narrated from al-ffassan ibn Muhammad from Ja‘far ibn Sama‘ah and Ali ibn Khalid al-‘A’quliy from Karram from ibn Muskan from abu Basir who has narrated the following: “About the case of a man who forms Mula ‘anah against his wife and denies her child, then calls himself a liar after forming Mula ‘anah and thinks that the child is his child; if the child can be returned to him, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The child is returned to him. The child is not called his child, he does not leave any legacy for him (father) and the woman is not lawful for him forever.’ I then asked him (the Imam) about who inherits the child. He (the Imam) said, ‘His maternal uncles inherit him.’ I then asked, ‘What happens if the child’s mother dies and the child inherits her, then the child dies: who then inherits him?’ He (the Imam) said, ‘The relatives of his mother inherit him.’ I then asked, ‘Can he inherit his maternal uncles? He (the Imam) said, ‘Yes, he can do so.’”
9. It is narrated from the narrator of the previous Hadith and Wuhayb ibn Hafs from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who forms Mula ‘anah against his wife. He (the Imam) said, ‘The child is joined with his mother and his maternal uncle inherits his legacy but he cannot inherit them. I then asked, ‘What happens if he calls himself a liar?’ He (the Imam) said, ‘The child is joined with him.’”
10. Abu Ali a l-Ash ‘ariy has narrated from al-Hassan ibn Ali al-Kufiy from ‘Ubays ibn Hisham from Thabit from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who forms Mula ‘anah against his wife, then they separate from each other. The husband thereafter says that the child is his child and he calls himself a liar. He (the Imam) said, ‘The woman cannot return to him but the child must be joined with him; he cannot skip the child. There is no inheritance for him and if his father does not claim him, then his maternal uncles inherit him but he does not inherit them (maternal uncles). If anyone calls him a son of fornication, such a person must be subjected to whipping as a penalty.’” [Note: The next several passages of the Arabic text are words of al-Fadl and are not translated.]
1. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from ibn Ri’ab from abu ‘ Ubaydah who has narrated the following: “Abu Ja’far, ‘Alayhi al-Salam, has said, The child involved in Mula‘anah (condemnation) of parents is inherited by his mother with a share of one-third and the rest of the legacy belongs to the Imam of the Muslims; the liability for his crime becomes a burden on the Imam.”’
1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus ibn ‘Abd al-Rahman who has narrated the following: “Ishaq ibn ‘Ammar narrated to me that he once asked abu Ibrahim, ‘Alayhi al-Salam, about the case of a man against whom a woman without a man had laid a claim when their men were no more. When he became a man, the women married him and allowed him to enter their homes. A man had a house in his possession. The relatives of men and women who were no more asked him on oath not to give their right to those who do not have any right. The man who had the house in his possession knew the story of the man that he is being claimed as I mentioned but he is confused and does not know to whom he must give it; must he give it to the man or to the relatives of the women or to the relatives of men? He (the Imam) said, ‘He must give it to the one whom he knows is rightful to the best of his knowledge, that is, the relatives of the women because he does not know of any right for inheritance in favor of the man just because the women have claimed him. 5 ”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has narrated the following: “This is a pronouncement from abu ‘ Abd Allah, ‘Alayhi al-Salam. He (the Imam) has said, Tf a man falls upon a slave-girl of a people unlawfully, then buys her and claims her child, he cannot inherit from such a child anything. It is because the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “A child belongs to the bed (owner thereof) and for the fornicator is the stone (penalty by stoning to death with due judicial process).” A child born out of wedlock cannot be made to inherit except in the case of a man who claims the child of his newly purchased (already pregnant) slave-girl. Anyone who claims a child to be his child then rejects him, such child is not his and it is not honorable, his child is joined with him if the child is from his wife or (newly purchased) slave-girl.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Sayf from Muhammad ibn af-Hassan al-Ash ‘ariy who has narrated the following: “Once certain persons of our people with me wrote to abu Ja’far, al-Thaniy, ‘Alayhi al-Salam, asking about a man who commits the indecent act with a woman, then marries her after she becomes pregnant and gives birth to a child who of all creatures is similar to him. He (the Imam) wrote back in his handwriting the answer that said, ‘A child born out of wedlock cannot be made to inherit.’”
3. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Ali ibn Salim from Yahya who has narrated the following: “This is a pronouncement of abu ’Abd Allah, ‘Alayhi al-Salam, about the case of a man who falls upon the slave-girl of a people in an unlawful manner. He then buys her and claims her child. He (the Imam) has said, ’He cannot inherit from such child because the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “A child belongs to the bed (owner thereof) and the fornicator deserve stones (to be stoned to death as penalty with due judicial process).” A child born out of wedlock cannot be inherited or made to inherit except in the case of a man who claims the child of his slave-girl.’”
4. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Mahziyar from Muhammad ibn al-Hassan al-Ash‘ariy who has narrated the following: “Once certain persons of our people with me wrote to abu Ja’far, al-Thaniy, ‘Alayhi al-Salam, asking about a man who commits the indecent act with a woman; then marries her after she becomes pregnant and gives birth to a child who of all creatures is similar to him. He (the Imam) wrote back in his handwriting the answer that said, ‘A child from the indecent act is not inherited.’” Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus who has narrated the following: “Inheritance of a child born out of wedlock belongs to the relatives of his mother like inheritance of a child of Mula‘anah (condemnation). (This is not a Hadith. It is the fatwa of Yunus and none of the many Ahadith that we have read has discussed it.)
1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from ibn Ri’ab from Hanna ibn Sadir who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who commits the indecent act with a Christian woman; and she gives birth to a boy and he claims him to be his child; then he dies leaving behind no other heirs except that boy; if he can inherit him. He (the Imam) said, ‘Yes, he can inherit him.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Muhammad ibn ’Isma‘il ibn Bazi’ and al-Hassan ibn Mahbub from Hanan ibn Sadir who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a Muslim man who commits the indecent act with a Jewish woman who gives birth; then he dies leaving behind no other heirs. He (the Imam) said, ‘The legacy must be kept safe from the Jewish woman for the child.’ I then asked about a Christian man who commits the indecent act with a Muslim woman and she gives birth to a boy; then the Christian man dies, leaving behind an asset and about who inherits him? He (the Imam) said, ‘His legacy belongs to his child from the Muslim woman.’”
1. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from al-Qasim ibn Muhammad ibn Muhammad from Salim Mawla Tirbal from Hariz who has narrated the following: “This is about the case of a man who goes to bed with his slave-girl and sends her to do certain works for him. She becomes pregnant; he [accuses] her and receives news of her misbehaving. He (the Imam) said, ‘When she gives birth he must keep the child and must not sell him but assign for him a share from his house [and assets].’ It was then asked about a man who goes to bed with his slave-girl, does not send her to work for him but he accuses her of misbehaving and she becomes pregnant. He (the Imam) said, ‘When she gives birth he must keep the child and must not sell but assign a share for the child from his house and assets. This is not like that.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from ibn Mahbub from ‘ Abd Allah ibn Sinan who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that once a man from al-Ansar (people of al-Madinah) came to my father and said, ‘I am facing a huge problem. I have a slave-girl and I would go to bed with her. One day I went to bed with her, then went out for a certain work after taking Ghusl (bath); but I had forgotten something so I returned back home and found my slave on her belly. I counted nine months from that day and she gave birth to a girl. My father said to him, ‘It is not proper for you to go close to her. Do not sell her. Spend for her from your assets as long as you live, and make a will to spend for her after your death from your assets until Allah makes a way out thereof.’”
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr and Safwan ibn Yahya all from ‘Abd al- Rahman ibn al-Hajjaj who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of ( al-Hamil ) a child who is carried along. He (the Imam) asked, ‘What is al-Hamil (carried along)? 5 1 replied, ‘A woman is taken captive. With her, there is a small child. She says that he is her child. A man is taken as a captive. He meets his brother and says that this is my brother but there is no testimony except their words. 5 He (the Imam) asked, ‘What do people with you say about it? 5 I replied, ‘They do not give them any share of inheritance; they have no proof about their birth and it is birth in paganism. He (the Imam) said, ‘Allah is free of all defects, when she comes with her son or daughter, continues confirming their relationship and when he recognizes his brother, both of them are in good health and they continue confirming it; they must inherit from each other. 555
2. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Muhammad ibn ’Isma‘il from Ali ibn al-Nu’man from Sa‘id al-A‘raj who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of Hamilayn (two men) who are brought from the land of pagans, and one says to the other, ‘You are my brother. 5 They then recognize each other, then they are released and they continue confirming their relationship as brothers, then one of them dies. He (the Imam) said, ‘The legacy belongs to the brother and they must be considered truthful. 555
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and a number of our people have narrated from Sahl ibn Ziyad from al-Hassan ibn Mahbub from ‘Abd al- Rahman ibn al-Hajjaj who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who is al-Hamil (brought from other land). He (the Imam) asked, ‘What is al-Hamil ? I then replied, ‘A woman is taken captive from her land. With her is a small child and she says that he is her son. A man is taken as a captive, who meets his brother and says that he is his brother. They recognize each other but they do not have any proof and testimony except their words. He (the Imam) then asked, ‘What do people with you say about it? 5 I replied, ‘They do not give them any share of inheritance; they have no proof about their birth and it is birth in paganism. 5 He (the Imam) said, ‘Allah is free of all defects, when she comes with her son or daughter, continues confirming their relationship and when he recognizes his brother, both of them are in good health and they continue confirming it; they must inherit from each other. [Note: The next several passages of the Arabic text are words of al-Fadl and are not translated.]
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan all from ibn abu ‘Umayr from Jamil ibn Darraj from Zakariya ibn Yahya from al-Shu‘ayriy from al-Hakam ibn ‘Utaybah who has narrated the following: “Once we were with abu Ja‘far, ‘Alayhi al-Salam. We were in a group waiting for him (the Imam) to come out. A woman came and asked, ’Which one of you is abu Ja‘far?’ The people asked, ‘What for are you asking for him?’ She replied, T want to ask him about an issue.’ They said, ‘This is the jurist of the people of Iraq. You can ask him your question.’ She said, ‘My husband has died and has left one thousand dirham as legacy. He owed me five hundred dirham as my mahr (dower) and my share of inheritance which I took from the legacy but then a man came and said my husband owed him one thousand dirham and I testified in his favor.’ Al-Hakam has said, ‘I was calculating it that abu Ja‘far, ‘Alayhi al-Salam, came out and said, ‘Why is it that I see you move your fingers, O Hakam?’ I replied, ‘This woman has mentioned that her husband has died. He has left one thousand dirham as legacy. He owed to her five hundred dirham as her mahr (dower). She took her dower and the share of her inheritance but then a man came and said that her husband owed him one thousand dirham and she testified in his favor.’ Hakam has said, ‘By Allah I had not completed my words that he (the Imam) said, ‘She has confessed to give back one-third of what she has in her hand and she does not have anything as her share of inheritance.’ Hakam has said, ‘I had never seen, by Allah, anyone more intelligent than abu Ja‘far, ‘Alayhi al-Salam.”’ [Note: The next several passages of the Arabic text are words of al-Fadl and are not translated.]
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Muhammad ibn Hamzah and Husayn ibn ‘Uthman from Ishaq ibn ‘Ammar who has narrated the following: “About the case of a man who dies and certain ones of his heirs confirm his indebtedness to a man, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It becomes binding upon them on their shares.’”
1. A number of our people have narrated from Sahl ibn Ziyad from Marwak ibn ‘Ubayd who has narrated the following: “I once visited abu al-Hassan al-Rida’, ‘Alayhi al-Salam. I offered greeting of peace and asked saying, ‘I pray to Allah to keep my soul in service for your cause. What do you say about the case of a man who dies and has no other heirs except a brother who is due to breastfeeding; can he inherit him? He (the Imam) said, ‘Yes, my father narrated to me from my grandfather, the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, who has said, ‘One who drinks from our milk or gives milk to one of our children, we then are his fathers.”’ (This is perhaps to protect one from tyrants).
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthaman from af-Halabiy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If one dies with indebtedness, on us is his debt and up to us are his dependents. If one dies leaving behind assets, it is for his heirs and if one dies leaving behind no guardians, his asset is part of public welfare fund.”’
2. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from al-‘ Ala’ from Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘If one dies without leaving behind any heirs from his relatives or freeing master who has taken responsibiliy for his crimes, his legacy becomes part of the public welfare funds (state treasury).”’
3. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from certain persons of our people who has narrated the following: “Abu al-Hassan, al-Awwal, ‘Alayhi al-Salam, has said, ‘Al-Imam is the heir of one who does not have any heirs.’”
4. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from Safwan ibn Yahya from ibn Muskan from Muhammad al-Halabiy who has narrated the following: “About the words of Allah, most Blessed, most High, ‘. . . they ask you about al-Anfal (assets captured from the enemy),’ (8:1) abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If one dies without leaving behind any heirs his assets become part of al-Anfal.’”
1. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from Dawud from those whom he has mentioned who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that in the time of ’Amir al-Mu’minin a man died and had no heirs. ’Amir al-Mu’minin gave his legacy to his Hamshahrijah (his fellow countryman). 5 ”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Khallad al-Sindiy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin would say, ‘If a man dies without leaving behind any heirs then give his legacy to Hamshahrijah (his fellow countryman)
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy and Muhammad ibn Muslim who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said that the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘Guardianship rests in favor of one who sets one free.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from Zurarah who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, about Hadith of Burayrah has said, ‘The Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said to ‘A’ishah, ‘Set a slave free because guardianship rests with the one who buys one’s freedom.’”
3. Abu Ali al-Al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from ‘Is ibn al-Qasim ibn Muhammad who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ‘A’ishah once said to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, ‘People of Burayrah have set her guardianship a condition.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has issued this decree. ‘Guardianship rests with the one who buys one’s freedom.’”
4. Safwan has narrated from al-‘Is ibn al-Qasim ibn Muhammad who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who buys a slave who has children from a free woman who has set him free. He (the Imam) said, ‘The guardianship of his children rests with one who has bought his freedom.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn al-Fudayl from abu al-Sabbah al-Kinaniy who has narrated the following: “About the case of a woman who freed a man and about with whom rests his guardianship and to who belongs his legacy, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Such things rest with the one who has bought his freedom, unless he has other heirs besides her.’”
6. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad from Safwan from ‘Abd al-Rahman ibn al-Hajjaj from those who narrated to him who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When a mawla of Hamzah ibn ‘Abd al-Muttalib died, the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, gave his legacy to the daughter of Hamzah.’” Al-Hassan has said that this proves that the mawla did not have any daughter as al-‘A’ammah narrate, and that women also inherit guardianship contrary to what al-‘A’ammah narrate.
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from af-Hassan ibn Mahbub from ‘Umar ibn Yazid who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who wants to free his slave. His master takes a certain amount of tax from him every year about which both the master and slave had happily agreed. The slave in business earns a certain amount of assets besides what he gives to his master as tax. He (the Imam) said, ‘If he pays to his master what was obligatory, thereafter what he earns belongs to the slave.’ He (the Imam) then said, Ts it not the case that Allah has made certain things obligatory on His servants and when they fulfill such obligations, He then does not ask for more?’ I then asked, ‘Can the slave give charity out of what he earns and set free after paying his dues to his master? He (the Imam) said, ‘Yes, he can do so and the reward for it belongs to him.’ I then asked, ‘If he frees a slave with his earning which is other than his dues, with whom then rests guardianship because of setting him free? He (the Imam) said, ‘He can go and find guardians that he likes. Whoever bails out his crimes and wergild such person becomes his guardian and heir.’ I then asked, ‘1s not it the case that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “Guardianship rests with the one who buys one’s freedom?”’ He (the Imam) said, ‘This is Sa’ibah (unconditionally freed slave). Guardianship over him will not rest with another slave like him.’ I then asked, ‘If the slave that he has freed guarantees and bails out his crime and liabilities, does it become binding and because of this becomes his guardian and inherits him? He (the Imam) said, ‘That is not permissible because a slave cannot inherit one who is free.’”
2. Ibn Mahbub has narrated from ibn Ri’ab from ‘Ammar ibn abu al-Ahwas who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about Sa’ibah (unconditionally freed slave). He (the Imam) said, ‘You must consider what is in the Quran, “setting free a slave” O ‘Ammar, he is Sa’ibah (unconditionally freed slave) over whom there is no guardianship of anyone except Allah. Guardianship over whoever rests with Allah, such guardianship rests with His Messenger; and guardianship over whoever rests with the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, such guardianship rests with the Imam. His liabilities due to his crimes are on the Imam and his legacy is for the Imam.’”
3. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from Hisham ibn Salim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When a man is under the guardianship of a man for him is his legacy and on him is the liability for wergild.’”
4. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Hammad ibn ‘Isa from Shu’ayb al-‘Aqarqufiy from abu Basir who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the slave who is freed as Sa’ibah (unconditionally freed slave). He (the Imam) said, ‘He is free to find a guardian of his choosing and on whoever he chooses as his guardian are his liabilities for his crimes and for him is his legacy.’ We then asked, ‘What happens if he remains quiet until he dies and does not take anyone as his guardian?’ He (the Imam) said, ‘His legacy is placed in the treasury of the Muslims.’”
5. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from ibn Mahbub from ‘ Abd Allah ibn Sinan who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If one frees a slave by manner of Sa’ibah (unconditionally freed slave) he is not liable for his crimes and there is nothing for him from his legacy and he must arrange witnesses for it.’”
Sahih· al-Majlisi
Recueils sunnites : texte du jeu de données ouvert hadith-api. Al-Kafi : texte arabe, traduction de Muhammad Sarwar et authentifications de Thaqalayn.net via l'API Thaqalayn. La numérotation suit ces éditions et peut différer d'une copie imprimée — vérifiez l'arabe dans une édition de confiance avant de vous appuyer sur une référence.
